The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1887-05-19
THE BLACKNyOOD CASE
the Hearing In Augusta-.Thc Prisoner IL Dis
charged but Re-arrcstcd

THE BLACKWOOD CASE.
The Hearing I'm Augusta..Thc Prisoner is Dis
charged but Re-arrcstcd.
The proceedings on the writ of hdJcdS
corpus in the case Of T.. a. Blackwoud, of
Aiken, who was kidnapped by Stone and
McNally, came oil before Judge ROncy in
Augusta Wednesday. The most important
paper submitted by the petitioner was the
affidavit of his wife, Mrs. Susan Il. Black.
wood. She swears in substance, that
Stone and McNally went to her house on
the night Of the 9th Of March and asked
Tor glass of water, and when it was
handed them by her husband he was seized
violently by the arm by McNally, while
Stone pointed pistol at him and hand
cutfcd him. When he asked for what he
was arrested they refused to produce any
authority, and simply stated that "thcy were
authority themselves" That both men
acted III q rude, hOiSCrOuS and threatening
manner After arrcsIing him they searched
the house and besides taking $50 in money
they took one silver watch one razor, one
pistol and one set of knives and forks.
none Of which have been returned. BE.
fore they left the house Blacllwood en-.
treated them not to leave his wife pcnnilcss
and alone, when they refunded her S15
That before her husband VAS taken away
Oncr was in irons, he demonstrated with
them, and remarked to them that if they
had given him their authority when they
first arrested him and had not placed him
in handCuifs lie might have cbeCrlully
gone with them.
BlackwoOd was then put on the stand,
and he testified as follows
81 have been living in Aiken county
since last August On the night of the OH
March Stone and McNully came TO my
house, asked for a glass of water, and when
l gave it TO them, Stone lcvclrd Il pistol at
my head, handCullCd me, took me into the
house, searched ii, and took almost every
thing | had, such us money and silvcrwarc.
McNally wanted to take some .cwclry, bat
Stone told him it was my wilc'S, and he
left it. Thcythcn brought me TO Augusta
not taking the h0ndCulIS oil till we crossed
the river. On The 10Th, seven days after
my arrest, Deputy Sheriff Campbcl came
to the Jail and served II warrant, and on
coming from the Jail to-day, Il few minutes
after 3 o'clock, he served another warrant
on me, bench warrant. when arrested
l told them | did not want to come, but ii
they had authority to bring me | should
have to come. On the way to NYilliston
we met Mr. GuntCr. lie asked me if was
going TO leave the country. | told him !
did not want 10, but these men had me
handcuifed and could not help it"
Stone was next put on the stand, and he
stated that he did not know ii was umlnw-
full to arrest BluckwOod as he did; that
such mode of arrest was common: that he
did not draw his pistol; and that BlaCl
wood came along voluntarily.
McNally sworc that Bluckwood came n
on his own free will and accord, and >rclg
passed on him as published
MIR, HN0mS. of the AuplICto r ,... -.
NetoS, sworc that on the mornir r thn
BlaCkwoOd reached Augusta he sai io hi,
he did not object to coming to Au r,sto
Chief Twiggs and Lieut. Ht ,0d swor
that Stone told them in the J rcscncn q
,Blackwood thpt he made no objection +
coming and BlaclIwood said II lthin~
The case was argued by NJ aior Gary 70
Soutn C9rollha a, ana by so citor Wrigh
for Georgia. The Court t ncn adiournc
till Thursday.
-, After hearing furthGr argument o.
decision. After stating his views Of IN,
comfy between States, + &c said:
''The highest aim of government is I,
protect its citizcl.s. No person shall he dc
priVed OF life or liG rty except by du,
process OF law lhe question arises, shal
cltlZen OF one StaFC set aside the laws OF
cxtradition and go into another Stntc onG
arrest q citizen wit hout due process Of INV
If the Courts Of Georgia or any othc,
State recognize tIis, it would set at naupht
inc provisions Of the Constitution. If &
criminal goes into another State, the way
TO get him is by rcquistion.
Ihen inc question is brought uD rs tC
whether or not the arrest Of Blnckwood wa,
a5.GcoIalhg TO law? Was he deprived of his
noer3 ny que process Of law? If so, he
snouid not be rcmapdCd; but if not SO, h(
should be- "'V '"' III
he tact8, rs elected by the testimony
are that when BlaCkW0Od was arrested itil
conceded mat at that time Stone and Mo
Nally were not armed by due process 0i
law. The question is whether or not BlocI,
wood was eXtraditcd. 1t is an unpleasant
duty to pass upon facts, This man wos
not only not arrested by due process of law
Mr. Altman is TO the effect that he worncI
them they were not making the arrest ir
accordance with the law Their reply wa,
that they would take chances ! am OBLIGED
to hold he did not come voluntarily, anr
shall therefore remand the prisoner
Judge Roncy afterwards issued an ordc
that BlackwoOd be delivered to the Sheriff
to be by him taken to South Carolina ant
there released and discharged from custody
Accordingly late in the afternoon Deputy
Sheriff Campbell took Blackwood 10 SAND
Bar Ferry, where he was released, but was
rearrested by Constables Specs and Van.
deyer, an officer from Augusta having gone
over ahead and had warrant for his arrest
Issued by Irial Justice Mason, of Beech
Island When arrested, the constables took
him TO Aiken, whore he will be confined In
1all until q reqnisitiOn can be obtained from
the Governor of Georgia and be honored
by the Governor Of South Caroline r'oi'u
-------o.s - ~
~ is repogted That Sarah Rernhnrdt Loo